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U.S. DEPARTMENT OF TRANSPORTATION " ^ C ?, j 

FEDERAL AVIATION ADMINISTRATION J'-ifn^ . 

^•^APJPJG OGC^rr 

) --^.-. ; 

In the matter of: ) FAA Docket No. CP1ONM003 

) Judge Richard C. Goodwin 

WESTERN AVIATORS, INC. ) Hearine Location: Denver, CO 

) 

COMPLAlNANT^S FIRST SET OF REOUESTS FOR ADMISSIONS. 

INTERROGATORIES, AND REOtOESTS FOR PRODUCTION OF 

DOCUMENTS 

Pursuant to 14 C.F.R. § 13.220(a) and (b) of the Rules of Practice in FAA Civil • 

Penalty Actions the Federal Aviation Administration ("FAA" or "Complainant") hereby 

files this first set of requests for admissions, interrogatories, and requests for production 

of documents in this matter. Fhe FAA hereby requests that the Respondent respond to 

this discovery request within thirty days of service of this request, pursuant to 14 C.F.R. 

§ 13.220(d), and that Respondent's response be sent to the undersigned FAA counsel 

addressed as follows: 

Laura E. Jennings 

Enforcement Division, AGC-300 

Office of the Chief Counsel 

Federal Aviation Administration 

800 Independence Avenue, S.W. 

Washington, D.C. 20591 

As used in the discovery requests below, "you" and "your" refer to the Respondent. 

This is a continuing request for Respondent to provide all updated or new records 

or information, as itemized in this document. New evidence should be provided in 

accordance with 14 C.F.R. § 13.220(i). 
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REOUESTS FOR ADMISSIONS 

1. Brent Bodkin was administered a pre-employment drug test under your 

antidrug program on September 20, 2007. 

Admit Deny 

2. Brent Bodkin was hired by you on November 1, 2007. 

Admit Deny 

You permitted J3ren Bodkin to begin performing flight crewmember duties 

for you on November 5, 2007. 

Admit Deny 

4. On December 9, 2008, your Medical Review Officer verified Brent 

Bodkin's pre-employment drug test as negative for a proMbited substjince 

and reported the verified negative result to you. 

Admit Deny 
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3 

1 INTERROGATORIES 

1. For each of the foregoing Requests for Admissions you deny in whole or 

part, describe with particularity the basis for each denial. Identify the Request for 

Admission by number, for each that you deny in whole or part, and state the specific 

basis for your denial of that Request for Admission. 

2. For each of the foregoing Requests for Admissions you deny in whole or 

part, identify all documents on which you rely in support of your denial(s). Your 

response to this Interrogatory should identify which denial(s) is/arc addressed by each 

document. 

3. To the extent that you deny a paragraph of the FAA's complaint, state 

each and every fact on which you rely as a basi.s for your denial of a specific paragraph. 

4. Identify each and every person you intend to call as a witness in this 

proceeding by providing the person's name, occupation, and business address. 

5. For each witness identified in response to Interrogatory No. 4, identify the 

nature of the testimony to provided (i.e., factual witness or expert witness). 

6. For each person identified as an expert in Interrogatory No. 4, summarize 

the substance of the facts and opinions to which the witness is expected to testify; provide 

a narrative summary of the grounds for each opinion to which the witness Is expected to 

testify; and detail the expertise possessed by each expert witness in the subject matter 

area on which the witness is expected to opine. 

7. List all exhibits you intend to use at the hearing in this case. 
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REOUESTS FOR PRODUCTION OF DOCUMENTS 

1. Provide copies of any document to which you referred to or relied upon in 

answering the preceding Requests for Admissions. For each document produced, 

identify the Request for Admission that it pertains to for which you referenced the 

document. 

2. For each of the foregoing Requests for Admissions you deny in whole or 

part, provide any and all documents on which you rely in support of your denial(s). Your 

response to this request should identify which denial(s) is/are addressed by each 

document provided in response to this request. 

3. Provide copies of any statements made by any recorded means, including 

electronic, by any witness identified in the preceding Interrogatories that concern, refer 

to, or involve the circumstances set forth in the Complaint. 

4. Provide copies of all documents, including electronic documents, tliat 

support each and every basis for a denial in the Complaint, described in your response to 

Interrogatory 3 above. 

5. Provide copies of all exhibits you intend to introduce as evidence in tJiis 

case, 

6. Provide a current copy of the curriculum vitae for each expert identified in 

response to the preceding interrogatories. 
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7. Provide copies of any other documents, including any electronic 

documents, to which you referred or on which you relied in responding to this first set of 

discovery. 

Respectflilly submitted, 

Peter J. Lynch 

Assistant Chief Counsel 

Enforcement Division, AGC-300 

dl dUyy d ^ -

Laura H. JenningsJlAttorney 

AGC-300 

Federal Aviation Administration 

Office of the Chief Counsel 

800 Independence Ave., S.W. 

Washington, D.C. 20591 

(202) 267-3452 - telephone 

(202) 267-5106-fax 

Dated: June 17,2010 
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Certificate of Service 

I hereby certify that on this date sent by Federal Express a copy of the 

Complainant's Fir.st Set of Requests for Admissions, Interrogatories, and Requests for 

Production of Documents in the case of Tn the Mailer of Western Aviations. Inc.. b'A/s. 

Docket No. CP10NM003, addressed to: 

Mr. Richard L. Fowler^ President 

Western Aviators, Inc. 

2533 Lanyon Drive 

Longmont, CO 80503 

In addition, I hereby certify that on this date I delivered in person the original and 

one copy of the foregoing document to: 

Federal Aviation Administration 

600 Independence Avenue, SW 

Wilbur Wright Building - Suite 2W1000 

Washington, DC 20591 

Attention: Hearing Docket Clerk, AGC-430 

(X^OAA^a. f. 

Dated: June 17,2010